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Bombay High CourtABA/2426/2024disposed off

Anwar Peer Sayyed v. State Of Maharashtra

2024-08-30Hon'Ble Shri Justice R. N. Laddha2 pages

SMITA JOHNSON GONSALVES SMITA JOHNSON GONSALVES Date: 2024.08.31 10:26:19 +0530 sg 905.aba2426-24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2426 OF 2024 Anwar Peer Sayyed ...

Applicant v/s.

State of Maharashtra ...

Respondent ....

Mr Advait Tamhankar, for the Applicant.

Mr Arfan Sait, APP, for Respondent State.

PI Amar V Jagdale, Kurar Police Station, Malad, Mumbai, is present. ....

Coram : R.N. Laddha, J.

Date : 30 August 2024 P.C. :

.

The learned Counsel for the applicant submits that the applicant's initial bail application was denied in June 2018. Subsequently, in June 2024, the applicant received a notice under Section 41A of Cr.P.C., but the notice failed to specify a date for the applicant to appear at the concerned police station. According to the learned Counsel, the notice is deficient due to its lack of detail. Following this, the applicant approached the Sessions Court, where his pre-arrest bail was rejected on 8 August 2024. The learned Counsel further submits that the applicant is very well available and willing to cooperate with the investigation, and is prepared to attend the police station as required.

_______________________________________________ 30 August 2024

sg 905.aba2426-24.doc 2.

The learned APP, on instructions of the Officer from the concerned police station present in Court, makes a statement that the applicant will not be arrested, provided he attend the police station and cooperate with the investigation. Additionally, if the prosecution intends to arrest the applicant, they will give him 72 hours prior notice. Accordingly, the applicant is directed to attend the concerned police station as and when directed by the Investigating Officer and cooperate with the investigation. In view of this, nothing survives in this application.

3.

The application stands disposed of accordingly. (R.N. Laddha, J.) _______________________________________________ 30 August 2024